FLIGHT RISK ASSESSMENT WEB SITE USER AGREEMENT
1. ACCEPTANCE OF TERMS
Welcome to the Flight Risk Assessment ("FRA") online tool (the "Service") on the website located at the following URL: https://apps.rotor.org/fox/mission/m_t_mobi.htm (the "Site"). Helicopter Association International ("HAI") provides this Service to you (the "User"), subject to the following terms and conditions (this "Agreement"), which may be updated by HAI from time to time. User can review the most current version of this Agreement at any time by following the "Web Use Agreement" link located on the site.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY CLICKING ON "I AGREE" BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. HAI MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU WILL NOT BE ABLE TO ACCESS THE SITE AFTER ANY SUCH MODIFICATIONS UNLESS YOU CLICK "I AGREE" AT THE TIME OF YOUR NEXT LOG-IN.
2. COPYRIGHT AND TRADEMARK NOTICE
Domestic and international copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights, and trademarks used on the Site are HAI, its affiliates, or its or their third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, OR ATTEMPT TO DECOMPILE OR REVERSE ENGINEER, IN ANY MANNER, THE CODE AND/OR SOFTWARE ON THE SITE.
3. DESCRIPTION OF THE SERVICE
The Service is an online FRA tool and software program that enables User to assess flight risk based on Content provided by User. You understand and agree that, from time to time, the Service may include advertisements and that these advertisements are necessary for HAI to provide the Service. You also understand and agree that the Service may include certain communications from HAI, such as service announcements and administrative messages, and that these communications are considered part of the FRA program and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement.
4. ACCESS TO THE SITE
You are responsible for obtaining access to the Service and you understand that access may involve third party fees (such as fees charged by your Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment (including your Internet connection) necessary to access the Service. You further acknowledge and agree that the Service is being provided over the Internet, and HAI does not operate, control or endorse any information, products or services available on the Internet. In addition, the Internet and the Site may not be available due to reasons within or outside of HAI's control and HAI cannot and does not guarantee or warrant that the Internet or the Site will always be available.
5. DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY
You also understand that HAI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and virus and malicious code protection.
THE SERVICE IS BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. HAI PROVIDES THE SERVICE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, , AND HAI SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE BY YOU OF THE SERVICE. YOU ACKNOWLEDGE THAT THE SERVICE WILL NOT ALWAYS BE AVAILABLE AND IS NOT ERROR-FREE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE YOU ACCESS SUCH MATERIALS AT YOUR RISK. HAI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL HAI BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF HAI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HAI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HAI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HAI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). HAI is concerned about the safety and privacy of all its users.
7. USER ACCOUNT, PASSWORD, AND SECURITY
You establish your FRA account username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account and all Additional Users registered under your account. You agree to (a) immediately notify HAI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HAI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8. USER CONDUCT
You understand that all data, information, or other materials ("Content") available on FRA are the sole responsibility of the person from which such Content originated. This means that you, and not HAI, are entirely responsible for all Content that you send via, or upload to, the Service. HAI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will HAI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national, or international law; "stalk" or otherwise harass another.
You acknowledge that HAI may not pre-screen Content, but that HAI and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, HAI and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HAI or submitted to FRA.
You acknowledge, consent, and agree that HAI may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HAI, FRA users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HAI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to defend, indemnify and hold harmless HAI and its officers, members, employees, directors, or agents, from any loss, expense, cost, claim or demand (hereinafter, collectively, "Claims"), including reasonable attorneys' fees, made by or caused by any third party, which Claim is due to or arises out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of a third party.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HAI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HAI has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that HAI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HAI reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
HAI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HAI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that HAI may, under certain circumstances and without prior notice, immediately terminate your FRA account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your FRA account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in HAI's sole discretion and that HAI shall not be liable to you or any third-party for any termination of your account or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that HAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because HAI has no control over such sites and resources, you acknowledge and agree that HAI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
17. HAI'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by HAI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
HAI grants you a personal, non-transferable, and non-exclusive right and license to access the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to attempt to download or modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HAI for use in accessing the Service.
18. NO THIRD PARTY BENEFICIARIES
There shall be no third party beneficiaries to this Agreement.
HAI may provide you with notices, including those regarding changes to the Agreement, by either e-mail, regular mail, or postings on the Service.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
HAI respects the intellectual property of others, and we ask our users to do the same. HAI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HAI's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
HAI's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
FRA Copyright Agent
1635 Prince Street
Alexandria, VA 22314-2818
By phone: (703) 683-4646
By fax: (703) 683-4745
By email: email@example.com
21. GENERAL INFORMATION
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and HAI and governs your use of the Service, superseding any prior agreements between you and HAI. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HAI services, affiliate services, third-party content, or third-party software.
(b) Choice of Law and Forum. This Agreement and the relationship between you and HAI shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and HAI agree to submit to the personal and exclusive jurisdiction of the federal or state courts located within the city of Alexandria, Virginia.
(c) Waiver and Severability of Terms. The failure of HAI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
(d) No Right of Survivorship and Non-Transferability. You agree that your FRA account is non-transferable and any rights to your FRA account or contents within your account terminate upon dissolution or bankruptcy.
(e) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to the FRA Coordinator at firstname.lastname@example.org, or +1 (703) 683-4646.